Show RECENT MINING DECISIONS prepared for the mining review location of claim A citizen locating a mining claim on the public domain may acquire one of three possible estates in the land viz by locating the claim in compliance with the statutes rules and regulations he may acquire a possessory right both the equitable and legal title remaining in the united states or after making such location he may comply with further requirements quire ments pay the required purchase price and acquire the equitable title the legal title still remaining in the united states or he may proceed to obtain a patent thus divesting the government of all interest both legal and equitable united states v Riz U S district court district of idaho federal assessment work on group of claims where contiguous mining claims constitute a group and expenditures are made on an improvement which is intended to aid the development of all the claims the improvement is a distinct entity not subject to physical subdivision or apportionment in its application to the claims intended to be benefited by it and the work performed attaches to the claims collectively duncan v eagle rock gold mining reduction co supreme court of colorado ill pacific excessive damages for personal injury plaintiff a miner 29 years old had been engaged in mining work for about nine years his wages ranging from 3 to 5 a day he was injured through the negligence of his master and his earning capacity thereby reduced about 50 per cent the injury consisting in a comminuted com potts fracture which caused of his foot held that a recovery of was excessive and should be reduced to maloney v winston bros co supreme court of idaho 11 pacific 1080 establishment of saloon on mining claim act cong june 4 1897 c 2 30 stat 34 U S comp st 1901 p 1538 conferred on the secretary of the interior afterwards transferred to the secretary of agriculture jurisdiction over the forest reserves authorized the location of mining claims thereon and provided that such officer might make rules and regulations for the use of the reserve the secretary by rule provided that permits should be necessary for all enterprises within the national forests except among other things the prospecting for minerals etc and also prohibited the erection or conducting of hotels stores power plants or other structures for manufacturing fac turing or business enterprises except as allowed by law and the forest res reserves eTves and except on patented lands and on a valid mining claim for the actual development thereof consistent with the purposes for which it was initiated rev st 2322 U C comp st 1901 p 1425 provides that locators of all mining claims having complied with the laws of the united states and local regulations shall acquire a possessory title and shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their location etc held that the phase exclusive enjoyment as used in section 2322 means enjoyment of the surface for mining purposes alone and hence the location of a mining claim within a forest reserve did not operate to withdraw the land embraced therein from the jurisdiction of the secretary of agriculture nor give to locators having acquired a possessory interest n only any authority to use the surface for the erection and maintenance of a saloon without a permit from the secretary of agriculture united states v Riz U S district court district of idaho federal location for oil that one who has made a mining location on government land for oil which act cong feb 11 1897 c 29 stat U S comp st 1901 p 1434 requires to be made under the laws relating to placer mining claims may without actual possession of the claim be protected from a homestead entry of the land his location must be and complete for which discovery of oil is essential and not having made such discovery he is protected only while in possession diligently prosecuting his work to a discovery which means not the pursuit of capital to prosecute the work or an attempted holding by cabin lumber or unused derrick but the diligent continuous prosecution of the work with the expenditure of whatever money may be necessary to the end in view the laws as to assessment work having no application till the discovery is made mclemore v express oil co supreme court of california pacific 59 right to inspect mine rev codes is merely a legislative declaration of what has been recognized as the general equity powers of the court and is intended to enable any person who claims possession title to or interest in any real property or mining claim to make examination and inspection of the property for the purpose of protecting and preserving such possession title or interest in such property bacon v federal mining smelting smelling Sm elting co supreme court of idaho pacific 1055 abandonment A location of a lode mining claim may be abandoned at any time even before the expiration of the time for doing the annual work and as soon as an abandonment is complete the ground is restored to the public domain but a location once shown to be valid presumptively so remains until the time for doing the annual representation work has expired in the absence of proof of some act or declaration evincing a present intention of the locator to abandon street v delta mining co supreme court of montana pacific |